Category Archives: Technology

Foley Hoag Conducts Independent Human Rights Impact Assessment Commissioned by Microsoft

Microsoft commissioned Foley Hoag to conduct a human rights impact assessment (HRIA) on the impact of Microsoft’s cloud and artificial intelligence technologies.  Specifically, we sought to understand the impacts that such technologies have on communities of color in the United States when those technologies are licensed to law enforcement agencies.  Microsoft commissioned the HRIA in response to a shareholder letter expressing concern regarding the human rights impact of certain Microsoft products in various contexts.… More

COVID-19 and Global Human Rights: Shifting Priorities for Governments, Civil Society, and Companies

The COVID-19 pandemic is one of the most significant global public health crises since the Influenza Pandemic of 1918-20. The spread of the Coronavirus through every continent and major metropolis has led to unprecedented policy responses from governments both large and small. As a result, the human rights community is more closely scrutinizing the impact of these responses, while many company operations are more likely to overlap with the pandemic and evolving government policy in some way.… More

#EthicalOS – A New Guide Aims to Mitigate the Downsides of Technological Advancements

On August 7, the Omidyar Network’s Tech and Society Solutions Lab and the Institute for the Future (“IFTF”) launched a new toolkit, The Ethical Operating System (Ethical OS), to help guide technologists in building preventing, mitigation, and correcting the “social downsides” of technology while also maximizing positive impacts.

The guide, which has already been piloted by 20 companies, uses checklists, scenarios, and exercises to help companies anticipate problems and to develop appropriate strategies to mitigate risk.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: the dismissal of a climate change lawsuit brought by the cities of San Francisco and Oakland; the launch of the Centre for Sport and Human Rights; and a new benchmarking report from Know the Chain.

Mark Zuckerberg, FOSTA-SESTA, and the Challenges of Content Moderation

In his testimony before Congress last week, Facebook CEO Mark Zuckerberg observed that, on issues ranging from fake news to hate speech, the company “didn’t take a broad enough view of our responsibility, and that was a big mistake.”

Looking ahead, it remains to be seen what a “broad enough view” means for companies that both host online content. When the content that you and I see on various websites is determined by a complex ecosystem of content writers,… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: two new reports looking at corporate compliance with the U.K. Modern Slavery Act and best practices with respect to efforts to address the risks of forced labor; and the release of a “Frequently Asked Questions” document by the U.S. Department of Homeland Security regarding the presumption that goods made by North Korean workers are made with forced labor.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a new venture fund intended to support companies trying to increase transparency with regard to labor conditions in corporate supply chains; the launch of new principles on responsible corporate tax policy; and litigation alleging that a company’s failure to disclose human rights-related risks in its supply chain in its packaging is deceptive to consumers.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

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It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a revised Toolkit on National Action Plans on business and human rights; a new automobile industry initiative to address the social and environmental risks associated with raw materials sourcing; and a report from the NYU Stern Center for Business and Human Rights on the efforts of internet platform companies to address content that incites terrorism or that represents politically motivated disinformation.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a new report on the state of corporate human rights reporting; the passage of a shareholder resolution on climate change at Occidental Petroleum; and the latest Ministerial Declaration from the Labour and Employment Ministers of the G20.

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: the European Parliament’s adoption of a new conflict minerals regulation; the French Constitutional Council’s review of the proposed duty of vigilance legislation; the dismissal of the Doe v. Nestle litigation; and the release of a new Corporate Accountability Index by Ranking Digital Rights.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a federal court decision holding that U.S.-based companies may be obligated to turn over customer data stored outside the United States; an amicus brief opposing President Trump’s Executive Order establishing an entry ban on individual from seven Muslim-majority countries; and new guidance from the OECD with regard to due diligence in apparel and footwear supply chains.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: IHRB’s annual list of the Top 10 business and human rights issues for the coming year; the latest benchmarking report from Know the Chain focused on apparel and footwear companies; and the release of a reference annex to the IBA Practical Guide on Business and Human Rights for Business Lawyers.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: litigation developments in cases that address the “Social Cost of Carbon,” the liability of interactive media service providers, and human trafficking in corporate supply chains; and a new global ranking of countries according to the relative risk of human trafficking and forced labor.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a new report from the U.N. Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; reviews of the latest round of conflict minerals reports; corporate efforts to address the risks of sex and labor trafficking in connection with the Olympic Games;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a new guide for business lawyers from the International Bar Association that seeks to promote implementation of the U.N. Guiding Principles on Business and Human Rights; the public release of Know the Chain’s first report benchmarking technology companies on efforts to address forced labor in their supply chains;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: new guidance for boards of directors on business and human rights; the launch of the Responsible Sourcing Tool; the release of the 2016 Global Slavery Index; and a new code of conduct in Europe by which American Internet companies have committed to taking actions to combat illegal hate speech.… More

FTC Announces Children’s Online Privacy Protection Settlements Based on Collection of Persistent Identifiers

This post, written by Jeremy Meisinger, was originally published on the firm’s Security, Privacy, and the Law blog.

The Children’s Online Privacy Protection Rule (“COPPA Rule”) requires website and online service operators to give notice to parents and obtain verifiable parental consent before collecting children’s “personal information” online. 16 CFR §§ 312.4, 312.5. The definition of “personal information” encompasses some obvious pieces of data – name and address,… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: Apple’s refusal to comply with a federal court order; a new report highlighting the most pressing business and human rights challenges facing companies today; and an evaluation of corporate compliance with the California Transparency in Supply Chains Act.

European Court Establishes “Right to be Forgotten” Online

Flag_of_Europe.svgToday’s decision by the European Court of Justice (ECJ) that individuals enjoy the right to have truthful yet unflattering information about them “forgotten” from online search results is generating a great deal of controversy in Europe and beyond. In a case brought by Spanish national Mario Costeja Gonzalez against Google demanding that the search giant remove results referring to a years-old newspaper notice of a tax auction of his property,… More

Guilt by Geolocation? Bulk SMS Intimidation of Protesters in Ukraine

UkraineReports that the Ukrainian government may be tracking the movements of anti-government protesters using their cellphones raises a number of difficult questions for telecommunications providers operating in that country.

On January 21, cellphone subscribers in the vicinity of Kiev’s Independence Square — the epicentre of recent anti-government protests — received an SMS that read: “Dear subscriber, you are registered as a participant in a mass disturbance.” According to Andrea Peterson of the Washington Post,… More

Building Capacity to Exercise Good Judgment in a World of Big Data

ConferenceThis week the news has been full of reports from Las Vegas regarding the latest technological trends on display at the International Consumer Electronics Show. Discussions about wearable technologies and smart appliances — and the emerging “Internet of Things” — often lead privacy advocates to question the potential downsides of companies collecting massive amounts of data regarding everything from where we walk to what we eat.… More

Telecommunications Companies Release Guiding Principles on Freedom of Expression and Privacy

The Telecommunications Industry Dialogue, a group of eight telecommunications companies, recently published a set of Guiding Principles on freedom of expression and privacy. Originally formed in 2011, the Industry Dialogue also announced a two-year partnership with the Global Network Initiative.

Current participants in the Industry Dialogue include: Alcatel-Lucent, France Telecom-Orange, Millicom,… More

Mobile Phone Security: Flawed Out of the Box?

phone with key on white background. Isolated 3D imageAccording to an article in the Wall Street Journal last week (subscription required), smartphone makers are receiving an increasing number of requests from U.S. law enforcement agencies for assistance in bypassing password protections on encrypted mobile devices seized from criminal suspects. Although it is heartening to hear the article’s report that companies such as Google are challenging warrants requiring them to divulge “any and all means of gaining access,… More

The Dark Cloud of Deep Packet Inspection

Cloud computing security conceptCloud computing is transforming entire industries by making massive quantities of computing power available to even the smallest companies on a pay-as-you-go, use-what-you-need basis. Like all new technologies, however, the innovations that have made cloud computing possible also have a darker side. In an article for Ars Technica, veteran journalist Sean Gallagher explains how network hardware manufacturers are combining packet inspection technology with cloud-scale storage and processing capabilities to build internet surveillance systems that can watch the moves that millions make online.… More

Board Oversight and Cybersecurity – What are the Risks to Your Company?

Does your board exercise proper oversight over cybersecurity risks? Directors and officers have fiduciary duties to protect the assets of their companies. This obligation covers digital assets, including corporate information, applications, and networks. The scope of the obligation is defined, in part, by laws and regulations that impose specific privacy and security obligations on companies.

The threats to digital assets are real, and companies are increasingly grappling with how best to manage network infiltrations,… More

Publicizing Privacy Threats, Real and Imagined

“There is no such thing as bad publicity” goes the old adage, but sometimes casting the glare of publicity on non-issues can obscure real and pressing issues from public view. So it is with Senator Charles Schumer’s (D-NY) comments yesterday over the threat to privacy posed by online mapping technologies such as Google Maps, Microsoft’s Bing Maps, and Apple’s forthcoming iOS Maps. “Sunbathing in your backyard shouldn’t be a public event”… More

Why Every Company Needs a Geolocation Policy

No matter how big or small your company currently might be, your company needs a geolocation policy that takes human rights into account if you are either: (1) gathering or storing data that personally identifies your customers; or (2) providing a platform for creating or storing user generated content.

Technology companies typically first think about geolocation when they have grown to the point where they need to locate data somewhere other than their home base for redundancy reasons or to reduce network latency.… More

CSR for Start-ups = CSR from the Start!

Technology companies typically begin to think about corporate social responsibility in the context of "giving back to the community" once they have become large, established market players with a track record of profitability. This is far from an ideal approach to CSR, however, because having a proper CSR framework in place right from day one can young companies avoid problems that can stymie their growth or tarnish their reputation permanently.… More

Advocates Seek Human Rights Commitments from Telecommunications Companies

Access, an advocacy organization that promotes open and secure access to the Internet, recently released its Telco Action Plan, a document that sets forth ten steps and implementation objectives for telecommunications companies (“telcos”) seeking to operate with respect for human rights.  

Access launched the plan at last month’s Stockholm Internet Forum and intends to use the document as a platform for dialogue with telcos that seek to operate in political and legal contents that may post threats to freedom of expression,… More

Assessing Corporate Policies and Procedures to Protect Freedom of Expression and Privacy Rights

What policies, processes, and procedures do companies need to have in place in order to protect the fundamental human rights of freedom of expression and privacy?

This question was central to the first independent assessments of corporate implementation of the Global Network Initiative ("GNI") Principles, conducted this past year and announced on April 18 with the release of GNI’s second annual report. … More

FTC Releases Final Report: “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers”

This post, written by Colin J. Zick, was originally posted on Foley Hoag’s Security, Privacy and the Law blog.

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FTC has released the final version of its original 2010 Report "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers."… More

Predictive Analytics, Informed Consent, and Privacy: The Case of Target

A fascinating article in last weekend’s New York Times Magazine discusses the powerful statistical techniques that some companies are using to analyze sales and other data in order to gain insights into their customers’ behaviors and needs. The article raises a number of difficult consent and privacy issues.

The feature-length piece by Charles Duhigg uses the “predictive analytics” program developed by Target, America’s third-biggest retailer, as a case study to illustrate how companies are combining data from customer interactions with other information obtained from commercial databases to draw strikingly detailed portraits of individual customers.… More

Final GHG Protocol Scope 3 and Product Life Cycle Standards Available

The most popular suite of tools to measure and manage greenhouse gases just got a lot more complete — allowing companies to track the impact of their products from natural resources and raw materials, through manufacturing, use and disposal, and providing a detailed framework to measure companies’ “everything else” Scope 3 emissions.   

The Greenhouse Gas Protocol Initiative (a collaboration between the World Resources Institute and the World Business Council for Sustainable Development) finalized its two newest global greenhouse gas standards on October 4. The GHG Protocol are the most widely used suite of accounting tools for measuring,… More

The Global Network Initiative: Confronting Human Rights Challenges in the Information & Communications Technology Sector

The Global Network Initiative ("GNI") released its first annual report (.pdf) last month. This is a milestone worth celebrating by all who continue to believe in the power of the information and communications technology ("ICT") sector to promote freedom and development (and development as freedom) worldwide.

Although the changes wrought in the last decade by the proliferation of ICT companies to the furthest reaches of the globe are almost unimaginable,… More